Renaming, Reorganizing And Expanding The Mandate Of The Presidential Commission On The Visiting Forces Agreement Thereby Amending Executive Order No. 199 (S. 2000)

Case Overview and Summary

Summary of Executive Order No. 175

Renaming and Reorganizing the Presidential Commission on the Visiting Forces Agreement
- Renames the Presidential Commission on the Visiting Forces Agreement (PCVFA) to the Presidential Commission on Visiting Forces ("Commission"). (Section 1)
- Expands the mandate of the Commission to include existing and future visiting and status of forces agreements, in addition to the Visiting Forces Agreement (VFA) and the Status of Visiting Forces Agreement (SOVFA) with Australia. (Section 1)
- Defines "SOFA" to refer to the VFA, SOVFA, and future status of forces agreements included in the Commission's mandate by the President. (Section 1)

Composition of the Commission
- Chaired by the Executive Secretary, with the Secretaries of Foreign Affairs and National Defense as Vice-Chairmen. (Section 2)
- Members include the Secretaries of Justice, Social Welfare and Development, Interior and Local Government, the VFACOM Executive Director, and one private sector representative appointed by the President. (Section 2)

Powers and Functions of the Commission
- Ensure respect for Philippine laws, policies, morals, customs, traditions, and compliance with SOFA provisions and rules. (Section 3a)
- Coordinate with agencies for issuance of Implementing Rules and Regulations (IRRs) for SOFAs, covering areas such as entry/exit of personnel and equipment, public health and safety, environmental protection, prosecution of offenses, etc. (Section 3b)
- Monitor and evaluate activities of foreign military and civilian personnel under SOFAs and Humanitarian Assistance and Disaster Relief (HADR) operations. (Section 3c)
- Organize and oversee local coordinating committees to assist the Commission. (Section 3d)
- Assess environmental, social, health, and safety impacts of SOFA activities and recommend mitigation measures. (Section 3e)
- Coordinate assistance to claimants for damages, injuries, or deaths caused by foreign personnel under SOFAs or HADR operations. (Section 3f)
- Enlist assistance from government agencies in performing the Commission's functions. (Section 3g)
- Conduct information and educational campaigns on SOFAs. (Section 3h)
- Submit an annual report to the President assessing whether SOFAs continue to serve national security interests. (Section 3i)
- Coordinate with the Legislative Oversight Committee to determine if SOFAs continue to serve national interests. (Section 3j)
- Recommend policies and legislation necessary for proper enforcement of SOFA provisions. (Section 3k)
- Establish official representation in implementing organizations for relevant defense and security engagements under SOFAs. (Section 3l)
- Provide advice in negotiations and consultations that may lead to a SOFA. (Section 3m)
- Perform other powers and functions as directed by the President. (Section 3n)

Control, Supervision, and Funding
- The Commission is under the control and supervision of the President. (Section 4)
- The President shall appoint the Executive Director, who reports to the Chairman and has operational and supervisory authority over Commission personnel. (Section 5)
- An initial amount of Forty Million Pesos (P40,000,000.00) shall be appropriated from the Contingent Fund, and subsequent funding shall be included in the General Appropriations Act. (Section 6)

Engagement with Private Sector and Non-Government Organizations
- The Commission shall engage local private sector and non-government organizations in areas where SOFA activities will be held. (Section 7)

Separability Clause and Repeal of Inconsistent Orders
- If any provision is declared invalid or unconstitutional, the remaining provisions shall remain valid. (Section 8)
- All orders, rules, regulations, and issuances inconsistent with this Executive Order are repealed or modified accordingly. (Section 9)

Effectivity
- This Executive Order shall take effect immediately upon approval. (Section 10)